AFS-15-1058-E 

 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 20591 

 

In the matter of the petition of 

 

GEORGE T. BAKER AVIATION 

TECHNICAL COLLEGE Exemption No. 12731 

Regulatory Docket No. FAA-2000-7997 

for an exemption from § 65.17 (a), 

§ 65.19(b), § 65.75(a) (b) of Title 14 

Code of Federal Regulations 

PARTIAL GRANT OF EXEMPTION 

By letter dated April 2, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of George T. Baker Aviation Technical College (Baker) for an extension of Exemption 

No. 7560, as amended. That exemption from §§ 65.17(a), 65.19(b), 65.75(a), and 65.75(b) of 

Title 14 Code of Federal Regulations (14 CFR) would allow Baker to conduct sections of the 

FAA oral and practical tests, as an integral part of an approved curriculum, and before the 

applicant passes each section of the written test. The grant also authorizes the Aviation 

Mechanic General (AMG) written test to be administered immediately after students complete 

the general curriculum, but prior to meeting the experience requirements of 14 CFR § 65.77. 

The Petitioner requested relief from the following regulations:

1) Section 65.75(a) Knowledge requirements - requires, in pertinent part, that “each applicant 

for a mechanic certificate or rating must, after meeting the applicable experience 

requirements of § 65.77, pass a written test covering the construction and maintenance of 

aircraft appropriate to the rating he seeks, the regulations in subpart, and the applicable 

provisions of parts 43 and 91 of this chapter.” 

2) Section 65.75 (b) Knowledge Requirements - requires, in pertinent part, that “the applicant 

must pass each section of the test before applying for the oral and practical tests prescribed by 

§65.79. A report of the written test is sent to the applicant.” 

3) Section 65.17(a) Tests: General procedure - addresses “tests prescribed by or under this 

part are given at times and places, and by persons, designated by the Administrator.” 
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4). Section 65.19 Retesting after failure - requires “an applicant for a written, oral, or 

practical test for a certificate and rating, or for an additional rating under this part, may apply 

for retesting— 

(a) After 30 days after the date the applicant failed the test; or 

(b) Before the 30 days have expired if the applicant presents a signed statement from an 

airman holding the certificate and rating sought by the applicant, certifying that the airman 

has given the applicant additional instruction in each of the subjects failed and that the airman 

considers the applicant ready for retesting.” 

The Petitioner supported its initial request (from 2001) with the following information:

The petitioner stated that the college offers an FAA-approved Airframe and Powerplant 

(A&P) aviation maintenance technology curriculum under Air Agency Certificate No. 

CT9T072R. The petitioner stated that the college is requesting authorizations: (1) for students 

completing the A&P aviation maintenance technology curriculum to concurrently meet FAA 

oral and practical testing requirements, as part of its instructional program, and (2) to allow 

the AMG written test to be administered before the students graduate from the entire 

curriculum, and (3) for Baker to be recognized as an organizational Designated Maintenance 

Examiner (DME). The petitioner noted that these proposals have been discussed with 

representatives of the Miami Flight Standards District Office (FSDO). According to the 

petitioner, the FSDO indicated its willingness at that time to assist Baker in meeting and 

maintaining certificate testing requirements. 

The petitioner stated that the college is seeking an exemption from §§ 65.17(a), 65.19(b), and 

65.75(b) to permit the school to conduct oral and practical tests as an integral part of the 

aviation maintenance technician educational process. The petitioner contended that an 

exemption would allow students to demonstrate FAA-required mastery level competency as 

part of the completion requirements of each instructional area and claims that student learning 

would be enhanced and reinforced by the immediate feedback provided through incremental 

oral and practical testing. The petitioner stated that the direct involvement of the Miami 

FSDO in approving a system for administering and monitoring oral and practical tests would 

add uniformity and consistency to the testing process. 

The petitioner noted that the concept of allowing 14 CFR Part 147 schools to conduct FAA 

"self-testing" has been recognized and proposed by the Aviation Rulemaking Advisory 

Committee Part 65 Working Group. Furthermore, the petitioner stated that because the oral 

and practical testing would be an integral part of Baker's curriculum, and would take place in 

progressive increments as a student advances through training, a student’s failure in an oral or 

practical test would be permitted to retest, based on the requirements contained in Baker’s 

FAA-approved Operations Handbook. The Operations Handbook would contain the retesting 

criteria and have procedures to document and track compliance. 

The petitioner stated that its request to conduct oral and practical tests as an integral part of 

its curriculum is in the public interest. The petitioner indicated that an exemption would 

expedite the evaluation process and significantly reduce the cost to students for FAA oral and 
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practical tests as they would not be required to pay a DME to administer the oral and practical 

exams. 

The petitioner stated that by incorporating the oral and practical tests into the approved 

curriculum, the cost of administering the tests would be absorbed by Baker 's overall cost of 

operations. Furthermore, the petitioner claimed that an exemption would have a positive 

economic impact on the general public. The petitioner contended that an exemption would 

result in a cost savings to the FAA because the FAA would monitor and audit the testing 

procedures and recordkeeping of one entity, rather than several DMEs. 

The petitioner indicated that an exemption from 14 CFR §§ 65.17(a), 65.19(b), and 65.75(b) 

would maintain a level of safety equivalent to that provided by the existing rules. The 

petitioner stated that Baker's current FAA oral and practical testing requirements would 

remain in place, except for the manner in which the tests are administered. 

The petitioner noted that Baker's curriculum is competency-based. Therefore, instead of 

administering one lengthy oral and practical mechanic test over an entire body of knowledge, 

it would administer the oral and practical test incrementally as an integral part of each of the 

50 instructional areas. Furthermore, the petitioner stated that if a student fails an oral or 

practical test, the student would fail that particular instructional unit and be required to repeat 

the entire instructional unit as remediation. The petitioner asserted that because the scope and 

nature of the oral and practical tests will not be changed, an equivalent level of safety would 

be maintained. The petitioner added that the manner in which the oral and practical tests are 

managed would be subject to review and approval by the Miami FSDO. 

The petitioner stated that it was seeking an exemption from 14 CFR § 65.75(a) to permit it to 

administer the AMG written test before its students completed the entire curriculum. The 

petitioner stated that it would be in the public interest to allow aviation maintenance 

technician students to take the FAA written test covering a body of knowledge immediately 

following the successful completion of that body of knowledge. The petitioner contended at 

the time that this form of testing is currently allowed with the A&P curriculum, but it is not 

allowed following the completion of the general curriculum. The petitioner maintained that to 

test immediately following learning is a universally accepted instructional principle that 

reinforces learning and is academically sound. The petitioner added that the time penalty 

incurred by beginning the testing process 6 months before the completion of the entire 

curriculum, leaving only18 of the allowable 24 months to complete the licensing process, 

would be offset by the academic soundness of immediate testing. 

The petitioner indicated that this request would not have a negative impact on safety. The 

petitioner further stated that the same procedure would be used to identify and report students 

who would qualify to take the AMG written test after completion of the general curriculum as 

that used to identify students who are eligible to take the FAA written, oral, and practical 

tests. The petitioner specified that all other requirements governing written testing, including 

time requirements for licensure completion, would remain unchanged; therefore, a level of 

safety equivalent to that previously provided by 14 CFR § 65.75(a) would be maintained. 

The FAA's analysis is as follows: 
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The FAA recognizes the original exemption was granted in 2001, and DME requirements, 

along with testing procedures, have since been revised. The original request also mentioned 

organizational DMEs, but the FAA does not foster organizational DMEs, specific to an 

Aviation Maintenance Technician School (AMTS). Although the FAA approves an AMTS’s 

curriculum, it does not approve a school’s operating handbook, as earlier cited. 

The FAA requires that all practical tests be conducted in accordance with the appropriate 

Aviation Mechanic Practical Test Standards (PTS), and the policies and standardized 

procedures set forth in the current revision of FAA Order 8900.2 - General Aviation Airman 

Designee Handbook. 

A DME must utilize the PTS and must evaluate the applicant’s knowledge and skill in 

sufficient depth to determine that the objective for each subject area element selected is met. 

An applicant is not permitted to know before testing begins which selections in each subject 

area are to be included in his/her test. Therefore, an applicant should be well prepared in all

oral and skill areas included in the practical test standard. 

The FAA has also concluded that these exemptions, if granted, could inadvertently enable an 

individual to obtain his or her Aviation Maintenance Airframe (AMA) or Aviation 

Maintenance Powerplant (AMP) certificate without satisfying the mechanic certificate 

eligibility requirements of 14 CFR § 65.77.1

 Students must, among other things, take written, 

oral, and practical tests to obtain a mechanic certificate. Under 14 CFR § 65.80, an AMTS 

may, in some circumstances, administer a student’s oral and practical tests before the student 

satisfies the experience requirements of 14 CFR § 65.77. All students, however, must satisfy 

14 CFR § 65.77 before taking any written tests. 

Further granting any requests to allow students to take the AMA and AMP written tests, 

before completing the experience requirements in 14 CFR § 65.77, could inadvertently enable 

those students to circumvent the FAA’s eligibility requirements. More specifically, a student 

could obtain a copy of his or her academic record indicating that the student has passed the 

AMA or AMP examinations, and provide that record to another school without disclosing that 

the student never satisfied the appropriate experience requirements. 

The passing of the practical tests is a required step toward obtaining an aviation mechanic 

certificate with an A&P rating. FAA inspectors and DMEs shall conduct practical tests in 

compliance with published standards. Students who would be permitted to test somewhere 

other than the designed testing facility, as prescribed under 14 CFR § 65.17 and the 

Administrator, would be in violation to the intent of the rule and the FAA requirements for 

testing, as outlined in FAA inspector guidance and the PTS. 

The FAA does not have the same concerns regarding students who take the AMG 

examination before satisfying 14 CFR § 65.77. A student who successfully completes the 

 

1

 Section 65.77 requires each applicant for a mechanic certificate or rating to present evidence of at least 18 

months, and in some cases at least 30 months, of practical experience. 
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AMG exam is not eligible to receive a mechanic certificate until after the student also 

completes the AMA or AMP exams. Therefore, there is no risk that a student who completes 

the AMG exam prior to satisfying the experience requirements of 14 CFR § 65.77 will 

circumvent our regulations. 

The FAA has also determined that good cause exists for not publishing a summary of the 

petition in the Federal Register because the relief granted herein would not set a precedent, 

and any delay in acting on this petition would be detrimental to Baker. 

The FAA’s Decision: 

The FAA is in the process of withdrawing or amending all previously granted exemptions to 

14 CFR § 65.75(a), which enabled an AMTS to administer the AMG, AMA, and AMP 

written tests immediately following a student’s successful completion of the corresponding 

curricula. The FAA’s new and revised exemptions will only permit students to take the AMG 

examination immediately after completing the corresponding curriculum, but will not allow 

students to take the AMA or AMP examinations before completing the corresponding 

curricula. In consideration of the foregoing, I find in the present case that a partial grant of 

exemption is in the public interest. 

In addition, certain conditions and limitations included in this partial grant are necessary to 

ensure an equivalent level of safety with 14 CFR § 65.75(a). The conditions and limitations 

require Baker to develop written testing procedures, include those procedures in its operating 

document or manual, and obtain approval of those procedures from its Certificate Holding 

District Office (CHDO) to ensure that Baker’s educational program and curricula continue to 

meet FAA regulatory standards. 

The additional condition of this exemption requires that Baker must retrain the student on the 

specific instructional items associated with the failed test, and authorize the student to retake 

the test, prior to Baker retesting any student who has failed the AMG test and who also does 

not meet the experience requirements of 14 CFR § 65.77. 

To be clear, any student who is eligible to take the AMG test on the basis of his or her own 

experience, and who does not need to rely on this exemption, may retrain according to 14 

CFR § 65.19 - including with any appropriately certificated airmen. However, this exemption 

also creates a population of students who do not satisfy the 14 CFR § 65.77 experience 

requirements, and who are eligible to retake the AMG test only because of the exemption 

granted to Baker. To maintain an equivalent level of safety, this exemption requires Baker to 

retrain those students itself, using FAA-approved curricula and in accordance with the FAA’s 

AMTS standards, including the quality of instruction standards, codified in 14 CFR 

§ 147.38(a). 

Baker’s request for an exemption from 14 CFR § 65.75(a)(b) to enable Baker to administer 

the AMA and the AMP written tests to a student after that student has completed the 

corresponding portion(s) of the curriculum, but prior to meeting the experience requirements 
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of 14 CFR § 65.77, and passing each section or the test prior to applying for the oral and 

practical tests, is denied. (See partial grant of exemption below.) 

Baker’s request to administer the oral and practical tests to its students “at times and places” 

contrary to 14 CFR § 65.17(a), but identified in its approved Operations Handbook, is denied. 

Baker’s request to have a signed statement from an appropriately rated certificate holder, 

prior to retesting, certifying that additional instruction has been given in the failed area, is 

denied. 

Although you requested an extension of Exemption 7560, as amended, that exemption expired 

on June 30, 2015. Therefore, we are issuing Baker a new exemption. 

Partial Grant of Exemption 

Pursuant to the authority contained in 49 U.S.C. §§ 106(f), 40113, and 44701, delegated to me 

by the Administrator, I hereby grant George T. Baker Aviation Technical College (Baker) an 

exemption from § 65.75(a) to the extent necessary to allow Baker, under Air Agency 

Certificate CT9T072R, to administer the AMG written test to any student immediately 

following his or her successful completion of the general curriculum, and before meeting the 

experience requirements of 14 CFR § 65.77, subject to the conditions and limitations listed 

below. 

Conditions and Limitations 

1. Baker must develop written procedures for administering the AMG written test 

following successful completion of the general curriculum. 

2. Baker must ensure these procedures are available for use in its approved operating or 

curriculum procedures document or manual. 

3. Before retesting a student who has failed the AMG examination, and also does not 

meet the experience requirements of 14 CFR § 65.77, Baker must require the student 

to repeat each instructional item associated with the failed test and authorize the 

student to retake the test. Baker must have procedures for documenting and tracking 

compliance with all retesting procedures. 
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4. Before exercising the privileges of this exemption, Baker must provide revised 

procedures to its CHDO for review and approval. 

This exemption terminates on September 30, 2017, unless sooner superseded or rescinded. 

 

Issued in Washington, DC, September 1, 2015. 

Sincerely, 

//s// 

John Barbagallo 

Deputy Director, Flight Standards Service